Laurence, Real Estate Pro in 94109

In a short sale, does the buyer pay the agreed buying price AND the balance on the mortgage?

Asked by Laurence, 94109 Tue Apr 14, 2009

Example: you buy a property for $600k in a short sale and the seller's mortgage is actually $700k. Do you end up having to take over the $100k left on the mortgage on top of the agreed selling price of $600k?

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Answers

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No in a short sale the buyer places an offer on the property just has with a normal offer to purchase agreement. It is submitted to the seller's real estate agent who then presents it to the seller. Once the seller has agreed to the terms of the offer and ratifies the contract, with third party approval addendum and short sale addendum attached, the contract then goes to the short sale lender with all the other seller required documents. It is up to the short sale lender to either approval, reject or negotiate the offer. We have found that often the short sale lender will negotiate on behalf of the lender and what percentage of loss they are willing to take. It gets completed if there a second mortgagee.
2 votes Comment Flag Tue Apr 14, 2009
No. You pay the agreed purchase price and your own closing costs(or roll those into the negotiations). The seller is the one obligated to work out the difference to the lender and there are many different ways to do that. See below a nice article on my web site regarding short sales. Jason
1 vote Comment Flag Tue Apr 14, 2009
Laurence,

Hi. Good question. No the buyer does not pay the difference. In this instance the bank is the one that would take the $100K loss. The only time I have seen where the bank does not take the loss is where the seller has enough assests to cover the shortfall. For example in this case if the seller had enough liquid assests to cover the $100K difference, the bank may require the seller to pay the difference.

Short sales can be very different and every situation can have it's own set of circumstances.

Hope that helps!

Lisa Cartolano
Alain Pinel Realtors
1 vote Comment Flag Tue Apr 14, 2009
In a bankers dream but No. The lender is agreeing to take less than what is owed, a short payoff, hence the name.
1 vote Comment Flag Tue Apr 14, 2009
Jed Lane; Fog…, Real Estate Pro in San Francisco, CA
MVP'08
Contact
Short answer: No. That is why banks drag their feet on them.

Hope this helps!

TA
http://www.TonyAbad.com
1 vote Comment Flag Tue Apr 14, 2009
The is answer is no. You do not have to pay for whatever the current owner owes their lender. You only have to pay for whatever the approved price is by the lender. It is the current owners responsibily to their lender on whatever the difference is based on their principal balance versus how much it was sold for. The current owner does not have to pay it upfront upon the sale of the property. Their lender will send them a form 1099 once the sale has closed.
1 vote Comment Flag Tue Apr 14, 2009
Like others have said, no you don't pay the difference. The reason a lender does a short sale is to make the house more marketable.
0 votes Comment Flag Sun Apr 26, 2009
Thank you everyone! Really helpful answers :D
0 votes Comment Flag Tue Apr 14, 2009
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